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(영문) 수원지방법원 2018.04.04 2017고단7980
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who received a summary order of KRW 1,50,000 from the Suwon Friwon on August 22, 2012 to a fine of KRW 1,500,000 as a crime of violation of road traffic law (driving) at the Suwon Friwon on November 24, 2014, and a fine of KRW 1,50,000 as a fine for the same crime.

[Criminal facts]

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving of freight vehicles C.

On August 21, 2017, without obtaining a driver's license on August 17, 2017, the Defendant driven the above cargo while drunk with 0.164% alcohol concentration in blood, and led to the driving of the above cargo along the two-lane road in front of Gwangju-si D in Gyeonggi-do along the separation side along the two-lane from Gwangju-si.

In the front of the Defendant, the Victim F(56) Lone Star car driving is proceeding. In such a case, the Defendant had a duty of care to safely drive the vehicle and prevent the accident by driving the vehicle in advance.

Nevertheless, the Defendant neglected to do so and negligently driven under the influence of alcohol, and attempted to see the part of the above wing and cargo vehicle in front of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of two weeks of treatment by occupational negligence as above.

2. On August 21, 2017, the Defendant violated the Road Traffic Act (drinking and non-licensed driving) driven a C-wing truck on the roads of two lanes in front of Gwangju City, Gyeonggi-do, while under the influence of alcohol content of 0.164% in blood, without obtaining a driver’s license on August 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. On-site photographs;

1. A medical certificate;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. Relevant provisions of the Act concerning facts constituting an offense;

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